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people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to question him. >> pete, i got an e-mail using a term of art in law enforcement. somebody said, remember, this is a federal show. >> meaning the fbi is in charge. we have already heard some members of the senate say this person should be declared an enemy combatant, not given miranda warning and should be subject to a military-style interrogation. the obama administration will never go for that. they believe suspects who commit crimes here should be treated in the criminal justice system. that's what they will intend to do. >> michael leiter who was, among othe
people thought he should have been not given a miranda warning. it turned out he was questioned for a time and then given his miranda warning and the police said he kept talking. they used it as a textbook example. this will remain a controversial decision. it is the stated policy of the obama administration to take anyone like this who creates a crime in the united states and treat them in the regular civilian justice system. they will take him away. when the appropriate time comes, begin to...
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Apr 23, 2013
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not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in the meantime before you offer miranda rights, get some of america's best interrogators in there and you find out what this guy knows. is he connected to a larger cell? are there pending attacks? are there foreign links? where did the training come from? how did you learn to make the bombs? basic simple questions this we need to know because the safety and security of the american people in this case i think are paramount. >> sean, do you know who gave him his miranda rights? >> i don't know exactly who but we were told he was. >> a federal judge, a magistrate
not just miranda. it's miranda, it's the engagement of lawyers and it's an entirely different scenario. do you think we will have trouble prosecuting this guy? >> of course not. we don't need his confession. >> why didn't we wait? >> wait, wait. >> that would have been completely lawless. don't blame the justice department -- >> wait, you just said it was an act of terror. >> of course. >> and a crime. >> and you can still prosecute later, but in...
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Apr 16, 2013
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they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try to get all of the information from the person and it may come back to bite them because some jurisdictions don't see it that way. >> absolutely right. in some places if you're a dangerous offender you get a long exception. in others, it doesn't matter how dangerous you are, if police basically rendered you-- >> what should happen. if we identify the person what do you think as a doj think next. >> in the person fits the definition of enany combatant, al-qaeda affiliate or someone we're at war with, that president obama could order the assassination of if that person was in yemen, that person belongs in
they have suggested that there's an exception to miranda for public safety which we all know there is. i think they've been very extravagant in assuming they'll get the largest possible exception under the law and the reality is in different circuits that exception is interpreted differently. >> if they think they don't have to give the guy the miranda rights, you have the right to remain silent and right to an attorney, they think we have a big exemption, before they wofer that and try...
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nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights have been revoked the rights he has to remain silent as well as the rights to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between certain politicians and civil rights groups also it's important to mention that republican lawmakers in the united states have been suggesting that to be treated as an enemy competent this is also been a topic of much debate because we are of course talking about a u.s. citizen as we do know back in two thousand and eleven they did receive a request from a foreign government this is russia's government that said that they should look into the identity of the older brother the older suspect to milan back that he was twenty four years. hold and the f.b.i. did receive recommendations that they investigate him they did in
nineteen year old dzhokhar and twenty six year old to milan and of course we have to note that the miranda rights have been revoked the rights he has to remain silent as well as the rights to a lawyer are being denied to him because officials are interested in being able to question him without being able to use this right and the fact that his miranda rights have been revoked is receiving major criticism throughout the united states and causing really a lot of debate between certain...
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it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're getting overhead shot of the boat where the suspect was last night. this one is less clear. we're going put these on the screen. why is the boston public defender's office so anxious to get involved. >> probably running to the ideological on to the cynical. >> megyn: you think they are unhappy he hasn't been given miranda yet? >> good point. even if he had been given it and made statements and it's a slam-dunk case on video. they knead don't need any of it. >> megyn: so a confession in terms of figuring out the larger war on terror. >> it's a legitimate exception but a
it's different from the miranda warning. the other thing. don't forget, if he is not given the miranda warning what the worst thing that can happen? you don't think they have a case without the statement. >> megyn: they have videotape of him placing the bomb. >> they make a calculated decision, getting lawyered up or going forward and getting the bad guys that are still out there. >> megyn: it will be tough to find a jury not willing to convict. death penalty versus not. we're...
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. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great confession. maybe even better than a law enforcement confession where you can claim it was forced out of you. they gave a upon takenious confession -- spontaneous confession. >> bob wants to get in here. so then why did they need to make that statement? i'm trying to figure out why they made that statement? >> i don't know exactly why they made it. maybe because they got so much criticism -- remember the christmas morning bomber that they mirandaized right away, lost the opportunity to get information from him? so i think maybe they were playing defense. >> le
. >> i think the miranda issue is an easier issue. he doesn't have to be mar lindaized for a lot of reason. first of all, they have enough evidence to convict him without getting a confession from him. all miranda gets you is a confession you can use in court. you can use that information for everything else. remember, he confessed already to the guy they kidnapped. the guy he kidnapped says, these two guys told us, we did the bombing. they got great witness and they got a great...
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Apr 22, 2013
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miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions before we gotten everything we need to know. we want to follow up and you know as well as i do, lawyers will tell him, keep your mouth shut. >> actually david who ran the national security division that the opposite was true. often having the attorney involved makes it easier to explain to the defendant why it is in his interests to cooperate. i don't think that is necessarily true. certainly, the f.b.i. has broad authorities especially a case like thishere we know heinous act has happened to use various tools. there are often many ways to get information. >>
miranda is not a huge obstacle to get people cooperate. typically they realize once they are caught that they have to cooperate in order to make things better for themselves. the idea that miranda presents some huge obstacle to gain cooperation is not true, number one. number two, there are many avenues and many tools that the f.b.i. to have conduct investigations. >> megyn: here is the concern. what if he lawyers up. what if he lawyers up and then refused to answer any more questions...
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Apr 22, 2013
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but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to pursue death, the only way he's going to get out of that is either through some sort of mental health defense or through cooperation with the government where if he can reveal information that could be of assistance in prosecuting others or uncovering other plots, they may be willing to bargain for life in prison. >> yeah. i don't -- >> jay? >> i think just real quickly, i think that they're going to ask the families of the decreased and the people that got maimed. they're going to -- families of the deceased and people that got maimed and ask them what their opinion is. i think there's a good
but once the question foeiing fs to some other area, they run afoul of miranda. at this point it looks like the case is a pretty well put together case. >> pretty cut and dried. do you think he's going to try to make a deal with the government to get out of the death penalty. >> i think he's going to -- >> it's certainly a possibility. i mean, right now he's eligible for death. the way the complaint reads, it is a death penalty offense. if the justice department decides to...
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. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of terrorism and the government has that opportunity right now. though i believe that the is suspect has been taken to a hospital. thank you. >> what are the conditions -- >> i'm sorry? >> will you seek the federal death penalty. >> i indicated earlier this is still an active and ongoing investigation. we will be reviewing all of the evidence before that kind of a decision is made in terms of whether or not to seek the death penalty you review all of the evidence and it is a very thoughtful long process that is engaged and it is the attorney general of the department of justice that makes that final de
. >> no miranda warning, could you explain that for us? >> the united states attorney or the fbi may want to explain that. it is a federal issue. >> what are the extent? -- >> let him finish the question. >> no, did not. >> what is the question? >> the reports are are that there was no miranda warning given and they were claiming a public safety exception. could we get an answer to that? >> there is a public exception in cases involving acts of...
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Apr 21, 2013
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they'll question him without reading him the miranda rights. invoking a rare public safety exception they only have a few minutes. >> 50 minutes approximately. this is a bit controversial. we'll see how they proceed with that. we're expecting files to be charged soon, perhaps as early as tuesday. he could be charged with using weapons of mass destruction. this 19-year-old could be facing the death sentence. several public defenders have offered to represent him. we'll see if it comes to that or if he hires his own attorney. >> we have team coverage this morning and we start with abc's byron pitts in boston. good morning, byron. >> reporter: good morning, bianna. six local boston churches will hold an interfaith service later today for the victims and survivors of monday's bombings. meantime, law enforcement is focused on suspect number two, here at beth israel hospital. this morning, police and federal agents are anxiously waiting to question the man who sparked nearly a week-long man hunt. that ended in a spray of bullets. overnight this new v
they'll question him without reading him the miranda rights. invoking a rare public safety exception they only have a few minutes. >> 50 minutes approximately. this is a bit controversial. we'll see how they proceed with that. we're expecting files to be charged soon, perhaps as early as tuesday. he could be charged with using weapons of mass destruction. this 19-year-old could be facing the death sentence. several public defenders have offered to represent him. we'll see if it comes to...
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there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go ahead and interview the suspect, future defendant without reading his miranda rights. the exception that they are citing is the public safety exception from a 1984 case, where a suspect was arrested after putting a loaded gun somewhere that supermarket. as the police were driving away, they asked him what he did with the gun, and he told them where it was. the police were able to recover a loaded gun. but in that case the danger to the public was immediate. here, i think we're talking about potentially interviewing this guy, the younger brother, when he wakes up in the hospital after the police have been sati
there are exceptions to the miranda warning? >> there are exceptions to the miranda warnings. since the miranda case in 1966, the supreme court carved out a number of different exceptions where the police don't need to read the miranda warnings to a suspect and can still introduce in the statements that the suspects make into evidence. >>brian: do you believe this information warrants that exception? >> i do not. i think the government is taking a chance by deciding to go...
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life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silence as well as his right to an attorney throughout this brief encounter with the judge and we do know that mostly turn iof was. nodding in automation of hearing what he was being told he only spoke once when asked whether or not he's able to afford a lawyer and he said no so legal counsel is going to be presented to him it's important to note that earlier there was a lot of discussion surrounding the possibility of trying as an as an enemy combatant this is something that certain republican lawmakers in the united states were rooting for this is not been the case of course we're talking about a u.s. citizen who became a u.s. citizen last year on september eleventh and has been living in the united states for over a decade the older brother to milan so now i have twenty six year old to milan of course died in a boston hospital after being taken into custody by police and the f.b.i. has been highly criticized for avoiding to take note
life he's also facing a fine of up to two hundred fifty thousand dollars we do know of course that his miranda rights were presented to him his right to remain silence as well as his right to an attorney throughout this brief encounter with the judge and we do know that mostly turn iof was. nodding in automation of hearing what he was being told he only spoke once when asked whether or not he's able to afford a lawyer and he said no so legal counsel is going to be presented to him it's...
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courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there was actually defense counsel present. my question to you is he was apprehended friday night. he has been in and out of consciousness as far as we can tell. he has a throat wound, so he is writing things down. the administration has made use of a public safety exception in not reading him his rights. and i want to read from a memo in 2010 that went out to the fbi from the justice department that says there may be exceptional cases in which although all relevant public safety questions have been asked, are there other plots, other bombs, et cetera, agents noneth
courts for that purpose. >> so you just mentioned miranda. so the other thing, the big thing that happened today there are two remarkable events today. there was the filing of the criminal complaint, which i was waving around, and they released a suspect of a procedural hearing that happened actually at the bedside in the hospital with a federal magistrate who was brought in. that federal magistrate informed dzhokhar tsarnaev, the 19-year-old suspect, of his rights to counsel, and there...
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investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta olympic bomber. thank you for joining us. first of all, let's talk about this video. this video that has now surfaced that cnn has confirmed, a well known jihadist in dagestan who himself was killed in december, the video was posted on tamerlan tsarnaev's youtube channel. since then, it's been deleted. what does that say, if you're a u.s. attorney investigating this case, what does that say to you? >> well, wolf, i think it would be one of two things. there obviously could be some contact since he traveled over that way. there could have been some contact. there co
investigators did not read him his miranda rights when he was captured. they invoked what they call the public safety exception. it permits law enforcement officials to interrogate a suspect and use that information as direct evident in court, and that is causing some controversy out there. let's talk about that. we'll talk about that in a few moments. also want to talk about other issues. joining us, former u.s. attorney doug jones who led the prosecutor against eric ruduffel, the 1996 atlanta...
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the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial decision nonetheless. some republicans think anyone who commits an act of terrorism even on american soil, even if they're american citizens as he is, should be brought before a military tribunal and treated as enemy combatant. >> it's a political hot potato. a lot of administration officials point out the so-called underwear bomber, umar farouk abdulmutallab continued to talk after being mirandized. thank you to you. >> what are investigators doing now? michael leiter served as the director of the national counterterrorism center under presidents bush and obama. good morni
the government decided he will not be given the miranda warning. the usual warning on every episode of "law & order." there's a question of public safety and they can question him for 48 hours before having to give him the warning and use that information in court. the justice department says most people even in these circumstances, even facing very serious charges ultimately the death penalty if the government chooses to bring it, they still choose to talk. it's a controversial...
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we do know they decided there would be no miranda rights so the questioning could begin right away. a matter o
we do know they decided there would be no miranda rights so the questioning could begin right away. a matter o
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he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as a home health care aide. while she was away, he was supposedly taking care of the three-year-old toddler. >>gretchen: she had totally changed who she was. many people allege she had been brain washed by this radical islam thought, that she was a christian before, and three years ago she decided to convert. but not only just convert; really get into the depths of it and change exactly who she was. we saw her there in the garb. people who knew her in high school said she was nothing like she was before. she dropped out of college. she had aspired to become somebody and decid
he does not need to see his miranda rights read to him in bed. laughable. >>steve: from what i've read this morning, apparently it was their mother who pushed them towards islam, a very extreme form of islam. you've got to wonder whether or not the widow of the older brother, who is now with her parents, knew anything. there she is right there. catherine russell tsarnaev. she reportedly didn't have any reason to suspect him. why? because she was apparently working 70 to 80 hours a week as...
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but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands of images, finding these two guys. is this a call now for more cameras in big cities? >> certainly. this is an evolution. i'm just back from london, which is probably the most failed city in the -- survveiled city in the world. we're getting money to put coordinated cameras, public safety cameras into new york. holding back most american cities now are funds. they're laying police officers. if they can't hire police, they don't have money for cameras. most of the images i saw related to the identification of these two kids were from private cameras, lord & taylor, diff
but at some point in time, go with miranda, that's fine. but in the initial stages, we don't want to repeat with the underwear bomber. >> brian: which is hours after, he lawyered up and shut up. >> this idea combatant versus criminal, i'm not particularly in the enemy combatant point from everything i'm hearing. >> gretchen: let me ask you about the cameras. so many people were fascinated by the amazing work the f.b.i. did do initially and going through hundreds and thousands...
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jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national security legal system where we can interview him without a lawyer to gather intelligence to prevent a future attack, rather than having to negotiate through his lawyer to get any information. jenna: but, if i could, senator, there seems to be a lot of discrepancy about some of the information come being out about this investigation. >> right. jenna: we've all seen it, you know, played out on the news and otherwise. i would like to drill down a little bit into an even change you just had about the boston terror attacks with the s*epbg o secretary of home land se
jenna: please. >> i don't have a problem with miranda rights. this man can only be tried in federal court. he's never eligible for military commissions. a first year law student could convict this person. what i'm worried about is what does he know about future attacks? he's telling us that his brother was the bad guy, he's sort of just along for the ride. they had no international connections. guess what, he's down-playing his involvement. what i am suggesting is that we use the national...
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Apr 22, 2013
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he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were deemed enemy combatants. pl hosea padilla for one but in the case of him they have not found any link to an al qaeda linked group and therefore no court in the u.s. would necessarily rily uphold the president as r in commander-in-chief in designating him as enetinue ould combatant. this would be shaky i am told by experts.lleged even if he is deemed an enetinu he watant he has a right to an attornaney he doesn't have to tt if he dorcsnk means are limited means interrogators have at their disposal to make him do so. >> the 4cmhour t
he was read his miranda rights. muitics say the intelligence enm committee as to how the plot develops. bom he is now in super max. i r > officers and federal ey wthorities take him alive tis unlike his brother who perished in the fight they were trying hard becey wse they wanted to ay the questions as they go forward to speaght r > he is an american citie inn. he can't be sent to guantanamo a bay he can't be tried in a co military cowas rission. cases there are cases where americans were...
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>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms of whether or not to seek the death penalty you review all of the evidence. it's a very thoughtful, long process that is engaged. it's the attorney general of the department of justice that makes the final decision. >> commissioner -- >> i'm sorry. >> -- straight to the boat. can you or the colonel talk about what happened. was he moving around? how did you know it was a chance to take him into custody? >> we know he didn't go straight to the boat. when we set up the perimeter with the best intentions with a lot of information, we found blood in the car he abandoned,
>> there are reports there was no miranda giving. they were claiming public safety kpenls. >> there is a public safety exemptions in days of national security and charges involving acts of terrorism. the government has that opportunity right now. i believe the suspect has been taken to a hospital. thank you. >> what's the federal death count? >> this is still an active, on going investigation. we'll review all of the evidence before that kind of decision is made in terms...
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the fifth amendment, mayor randa -- miranda rights, in terms of being so identified as someone who was being looked at and so he is probably interviewed as a witness, as a victim. but at the same time, and it's constitutional, give american authorities the right to look at every part of his life if they get lawful subpoenas. i'm confident the f.b.i. will get this guy. 1-800-494-tips. >> brian: thanks. coming up straight ahead, our next guest recorded history. pictures from the attack, a photographer in the boston globe here live next. >> steve: our coverage continues of the boston bombings. but there are other stories. first of all, a fox news alert. a u.s. marine helicopter crashed -- has crashed in south korea overnight near the north korean border. all 21 people on board are alive and being treated at the hospital. the military says the super stallion chapper made a hard landing while conducting routine flight operations. the crew is from okinawa in japan. >>> a short time ago, a major earthquake in iran, killing at least 40 people. the u.s. gs says the 7.8 quake, that's big one, ne
the fifth amendment, mayor randa -- miranda rights, in terms of being so identified as someone who was being looked at and so he is probably interviewed as a witness, as a victim. but at the same time, and it's constitutional, give american authorities the right to look at every part of his life if they get lawful subpoenas. i'm confident the f.b.i. will get this guy. 1-800-494-tips. >> brian: thanks. coming up straight ahead, our next guest recorded history. pictures from the attack, a...
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. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet caroline." as red sox fans sung along in unison. ♪ sweet caroline ♪ bum, bum, bum >> what a moment. >>> later in this half hour, details about the older brother's american wife. >>> and later on "good morning america," a closer look at any missed warning signs. >>> major breaking news from washington state. five people are dead in a shooting at an apartment complex in the town of federal way, south of seattle. a suspect was shot by police officers. he's believed to be the only shooter. no word yet from investigators on what led to the gunfire. this is a story we'll be tracking all morning. >>> a few of those displaced by
. >> tsarnaev is being questioned without being given his miranda rights as a matter of public safety. >>> one byproduct of the events of last week is a certain sense of boston pride. it was on full display. yesterday as the bruins took part in their annual shirt off our backs ceremony. it's usually a carom for the fans. they asked the first responders to attend and gave them their jerseys. and there was neil diamond on saturday at fenway park. singing his "sweet...
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Apr 22, 2013
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rather you walk through a miranda warning, someone has a chance to step back, what's this about an attorney? what's this about a right to remain silence? you need to protect the public. you need that information. >> do you believe that young man h y to facthat pelt >> given the nathese crimes, i would say the answer to that is yes. >> the city of boston is angry, justifiably. and that anger is unlikely to dissipate very quickly. so, can he get a fair trial in that city? >> very difficult to move a trial. the legal standard essentially no jury in this city will be able to look fairly on this evidence. very high standard. i believe he will face trial in boston. >> michael garcia, thank you. appreciate it. >> thank you. >>> as investigators peer deeply into the lives of the bombing suspect, they will look at what happened in a remote and dangerous part of russia, visited not long ago by the older brother. he apparently came back a changed man. and abc's kirit radia is there tonight. >> reporter: last year, tamerlan traveled here, to dagestan, a region home to an islamist uprising. investigator
rather you walk through a miranda warning, someone has a chance to step back, what's this about an attorney? what's this about a right to remain silence? you need to protect the public. you need that information. >> do you believe that young man h y to facthat pelt >> given the nathese crimes, i would say the answer to that is yes. >> the city of boston is angry, justifiably. and that anger is unlikely to dissipate very quickly. so, can he get a fair trial in that city?...
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Apr 21, 2013
04/13
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. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated. now what the justice department is saying that they want to use this special high-value interrogation team to question him without reading him his miranda rights, under the public safety exception. and the -- question and that has been defined as 48 hours. they have 48 hours to question him before they read him his rights. now, the aclu and the federal public defenders office here in boston which says -- said yesterday they expect to represent tsarnaev. they are challenging that and saying that they -- the government may be stretching it here. and, frankly, actually, the longer this goes on, the longer that
. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated....
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Apr 20, 2013
04/13
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rights we have been told that clear is a public safety clause that allows the government do not read miranda rights immediately so that he does not have the right to remain silent because there is a public safety threat to make sure there is no other plot out there of the senators john mccain and the gramm put out a statement saying'' mack wheat remaining under threat from radical islam we hope the obama administration seriously considered the enemy combat and option. what that means is this suspect it could go to the military court system but the president signaled the opposite to read between the lines that he believes what distinguishes america is the several civilian court system to uphold our values. he is getting pressure to name him the enemy combat in to that with the two other things he is signaling if he survives go through the civilian court system. >> it appears he will@ survive for cut end henry live. the last time we heard from the authorities at the 6:00 eastern time the news was not good at all and they told the people they cannot find a second suspect and they were lifting t
rights we have been told that clear is a public safety clause that allows the government do not read miranda rights immediately so that he does not have the right to remain silent because there is a public safety threat to make sure there is no other plot out there of the senators john mccain and the gramm put out a statement saying'' mack wheat remaining under threat from radical islam we hope the obama administration seriously considered the enemy combat and option. what that means is this...
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Apr 22, 2013
04/13
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let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception beyond the immediacy of the act i think is something that will be taken up, and it will have to be looked at maybe by the u.s. supreme court who just last week heard oral argument in the case from houston that was asking the question when does the fifth amendment or when does your right to remain silent gyp, and so we're already looking at these issues. this is an expansion i think that expands the public safety exception. i think some court is going to have to look at that. >> thank you very much. it's been almost a week now since this city was terrorized, and it's seemingly been one
let's talk about miranda here and the fact that his rights have not been read to him. what do you make of that? will that be an issue going forward in this particular case? >> you know, it depends. first, i don't know -- we don't know if he's said anything. if he hasn't made any statements at all, the fact that he didn't get his miranda rights read is not going to be an a relevant issue. if he's made statements i think what the government is doing in expanding that public safety exception...
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Apr 21, 2013
04/13
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they'll question him without evoking the miranda rights. >> that's a bit controversial. files chargesed perhaps as early as today. charged with using weapons of mass destruction, he could be facing the death sentence. . >> we have team coverage this morning and we start with abc's byron pitts in boston. good morning, byron. >> reporter: good morning, bianna. six local boston churches will hold an interfaith service later today. meantime, law enforcement is focused on suspect number two, here at beth israel hospital. this morning, police and federal agents are anxiously waiting to question the man who sparked nearly a weeklong man hunt. overnight this new video was released showing that final tense showdown, stun guns exploding as police move in to get dzhokhar tsarnaev. he's in serious but stable condition. his injuries preventing him from speaking. >> i think i and all of the law enforcement professionals are hoping for a host of reasons, that the suspect survives. because we have a million questions. >> reporter: questions like, was there anybody else involved? in his
they'll question him without evoking the miranda rights. >> that's a bit controversial. files chargesed perhaps as early as today. charged with using weapons of mass destruction, he could be facing the death sentence. . >> we have team coverage this morning and we start with abc's byron pitts in boston. good morning, byron. >> reporter: good morning, bianna. six local boston churches will hold an interfaith service later today. meantime, law enforcement is focused on suspect...
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Apr 22, 2013
04/13
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how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are work in the united states. your photo information will have to be shared with the database so they know it is you. some interesting propo w you protect your social security number. if you've just applied for a ob, you can in effect lock it so that no other employer can check it until you authorize it again. to try an important way to make it difficult for people not legally authorized to work in the united states to do that. the hope this is shuts off the magnets. people come here because they want to find jobs. the idea is to make it difficult to fi
how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are...
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Apr 19, 2013
04/13
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the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government has to classify him as such. then he is treated very differently. in american citizen jars of the typical crime, if you want to call it. stuart: and sorry to do this to you. stay right there. domestic this commercial break. we will be back quickly to myve, promise to that. ideas, goals, appetite for risk. you can't say 'one size fits all'. it doesn't. that's crazy. we're all totally different. ishares core. etf building blocks for your personalized portfolio. find out why 9 out o10 large professional investors choose ishares for their etfs. ishar
the whole issue of miranda, that is out the window. so there's going to have to be -- someone will have to determine whether or not this man should be treated like a citizen, someone who kills a police officer and a pathetically, or will thing, and he is entitled to all those rights and privileges as an american. this is an act of terrorism. this is the usable weapon of mass destruction. he goes into -- he could go into a different category, but someone in the united states american government...
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Apr 23, 2013
04/13
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he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a black jacket, a white hat and similar to the one in the surveillance photos he was allegedly wearing. investigators also want to question tamerlan tsarnaev's wife. the couple initially met at a nightclub. she later converted to islam, dropped out of college and had a child with him. her attorney has said that she had no suspicions that her husband might be plotting an attack. hundreds of people stood in silence at copley square at 2:50 p.m. one week after the bombings. president obama marked the moment of silence from the white house. the u.s. senate held a similar tribute on capitol
he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a...
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Apr 23, 2013
04/13
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i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's soim, abu gazey is in the federal system today and read miranda rights. never designated enemy combatant. can you imagine what osama bin laden's son-in-law could tell us about the terrorist organizations? he was the spokesman for al qaeda after 9/11. so there's a disturbing pattern here, quite frankly, of not gathering intelligence when that opportunity exists. thank you very much. i have to go. i will get a pen and pad and go next door to answer any questions if you have about the f.b.i. and, again, we're going to absorb a moment of silence her
i don't care if you read people miranda rights. i just don't want you to shut down the intelligence-gathering process. that individual was never designated an enassembly combatant. only way he agreed to cooperate is f.b.i. flew to his family i and his parents convinced him. times square bomber, the times square bombing incident, he had pakistan/taliban ties. read miranda rights, never designated enemy combatant. we never terroristed him for intelligence gathering purposes. osama bin laden's...
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Apr 21, 2013
04/13
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within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american citizen. by law he can't be sent to guantanamo bay, can't be tried in a military commission. there are cases where americans were deemed enemy combatants and tried to federal court. jose padilla for one. in the case of dzhokhar tsarnaev authorities have not found a link to an al-qaeda-linked group, and therefore no court in the u.s. would necessarily uphold the president as commander in chief as designating him an enemy combatant. legally this would be shaky, i'm told, by experts. even if the alleged bomber is deemed an enemy combatant, he still has a right t
within 10 hours he was read his miranda rights. critics on capitol hill say the intelligence community was unable to fine him for information as to how the empty developed. the underwear bomber eventually convicted and in super max prison in colorado. harris? >> harris: federal authorities tried to sake him alive unlike his brother who published in thy were really trying hard. why is it difficult to get that designation as an enemy combatant? >> well, for one, he's an american...
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Apr 21, 2013
04/13
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he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of you haveerties saying cases where -- you have the same two senators, john mccain and lindsey gramm, who said this person is a terrorist and should not have parental rights. it seems the obama administration is going to be straddling the middle ground, as they did with the so-called under armour from a few years ago. underwearcalled bomber. host: national journal peteting the headline, williams reporting philosophy and why he was getting the boston story right. guest: i would have to say that pete williams is the best i have ever come across, so measured and sofer. is amazing he was able to be showcased the y he was. story.s a complicated a lot of journalists for getting the facts wrong as it was developing in real time, but pete williams was a constant force who was right 100% of the way. it is a model t
he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of you haveerties saying cases where -- you have the same two senators, john mccain and lindsey gramm, who said this person is a terrorist and should not have parental rights. it seems the obama administration is...
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Apr 22, 2013
04/13
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the miranda right can be read at a later time. >> reporter: lawmakers agree it's important to gather intelligence from him to save more american lives. that investigation continues. meantime the victims continue to mourn. this morning a private funeral for 29-year-old crystal campbell will be laid to rest just outside of boston. at 11:50 a.m. our time that is when a moment of silence will be held. live in the newsroom brian flores. >>> tonight runners in marin county will honor victims of the boston bombings. they will take part in a 2.5- mile race that begins at 6:45 at ross park. runners are encouraged to wear blue and yellow clothing. the official colors of the boston marathon. for more information on the boston bombings you can go to our website ktvu.com to see a special section with more details and information. >>> time is 6:03. the furloughs of air traffic controllers has started. tara moriarty is live at sfo now to tell us how travelers are reacting. tara. >> reporter: a lot of the passengers we have been speaking to this morning have been saying that congress needs to get it
the miranda right can be read at a later time. >> reporter: lawmakers agree it's important to gather intelligence from him to save more american lives. that investigation continues. meantime the victims continue to mourn. this morning a private funeral for 29-year-old crystal campbell will be laid to rest just outside of boston. at 11:50 a.m. our time that is when a moment of silence will be held. live in the newsroom brian flores. >>> tonight runners in marin county will honor...
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Apr 18, 2013
04/13
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look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
look, i have no doubt under obama they will get their miranda rights read to them, but should they? >> if they are declared enemy combat evans, are we dealing with domestic or foreign origin. are we naturalized is the sense of the united states which we have seen in other individuals who have committed acts of terror against the united states. if they are anne
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Apr 24, 2013
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you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve: you probably would have said let's call him an enemy combatant and then down the road, haul him into criminal court? >> yeah. i would mute my criticism of the administration in that regard. theres no current legal authority to try him any place other than civilian court. you can't try an american citizen by military commission. so he had to go to civilian court anyhow. >> steve: in the first world trade center bombing, the blind sheik was held responsible for that. but he's alive. he didn't wind up with the death penalty because on a federal level, it didn't exist back then. >>
you would not have mirandaized this kid as soon as they did. >> right. i think you're entitled for at least a certain period of time to determine whether he's an enemy combatant or not and we haven't gotten to the bottom of that. really their investigation has just started. we don't know what support network he had. if he fits into the category of the enemy that congress has defined in authorizing military force, he's an enemy combatant and can be detained indefinitely. >> steve:...
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Apr 17, 2013
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. >> if they're just an american citizen or if they're considered enemy combatant, about miranda warnings, about habeas corpus, how fast do we have to release him or how fast do we have to put them in front of a judge or how long can we keep them and question them? >> bill: these are all great points. let me slow you down just a moment here. >> sure. sorry. >> bill: if you want -- if you want to go out and make an arrest, perhaps you have your eye on someone and you got a street address, apartment number. but maybe there is more than one person. maybe there is two or three. and there is a real danger in putting out public information. if you could be showing your hand and tipping off others that could be people that you want to talk to. that's the category and area that could be very dangerous. >> another possibility here is that the boston police department jumped the gun. the f.b.i., my understanding, is in control of the situation, and believe me, there is a real higher arcky throughout the country when the feds come in, they come in and they take over and they're the chain of command,
. >> if they're just an american citizen or if they're considered enemy combatant, about miranda warnings, about habeas corpus, how fast do we have to release him or how fast do we have to put them in front of a judge or how long can we keep them and question them? >> bill: these are all great points. let me slow you down just a moment here. >> sure. sorry. >> bill: if you want -- if you want to go out and make an arrest, perhaps you have your eye on someone and you got...
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Apr 22, 2013
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. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university of massachusetts were stushed to learn they -- were stunned to learn they knew one of the bombers. >> he's like, yeah, tragedies happen. >> they say he was on campus and say they were shocked when they saw his picture on tv after the explosion. coply square will remain closed for at least two more days. fbi agents scour the scene for evidence and debris from the bombing is cleared. officials say the square will not reopen until the fbi investigation is complete. >>> :7:-- 7:03. the as are in oakland getting ready to begin a series with the boston red sox. some plan to meet with air aaron -- with aaron hearn, th
. >> the decision not to read miranda rights was made by the federal officials. this is a unique clause at the federal level that we've not experienced here. >> the mother of both suspects tells the "associated press" that the fbi spoke to her sons after the bomb exploded an continues to claim that the fbi monitored him back in 2011 during an interview. a moment of silence begins at 11:50 hour time. back to you. >> thank you. >>> students at the university...
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Apr 21, 2013
04/13
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controversial move, the justice department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a teacher at the high school the younger brother, dzhokhar attended. >> i know this kid to be compassionate. i know this kid to be forth coming. he's a great athlete. he's a sportsman. he's never been in trouble. >> reporter: the two brothers who are ethnic chechens came to the u.s. with their family a decade ago. facing the vicious fighting... escaping the vicious fighting between the government and the largely chechen rebel. dzhokhar who became an american citizen on september 11 of last year is 19 years old. he was a student at the university of massachusetts dartmouth. his older brother tamerlan was 26 years old, marrie
controversial move, the justice department plans to begin questioning tsarnaev before reading him his miranda rights, saying investigators need immediate information on any attacks that may be in the works. the pressure is on to learn exactly where this trail of bloodshed began. >> reporter: this is jim axel rod in boston. for those who knew the tsarnaev brothers, the questions are personal. >> who would do something like this? >> not him. reporter: larry aaronson was once a...
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Apr 23, 2013
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. ♪ pair bill: should they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order
. ♪ pair bill: should they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly...